Buying of undivided property

I have bought an apartment in year 2011. The case is as follows. After the death of mother two son and one daughter became the co-owners of the Property. They decided to use it for promoting apartment. After completetion of the project they were provided with apartments in the same floor eg. flat 3, flat 4, flat 5. They mutated thier names in the municipal corporation against the possession letter. They dont have any Partition deed. They have been alloted separate asssese number for each property.But since they dont have any partion deed corporation declared it as a undivided property, which is not . They all have been alloted separate apartments. In the year 2011 the elder brother sold his portion to me. I was not aware of such matter even the lawyer we appointed was also not well versed with this scenario. By the virtue of possesion letter they all are enjoying their portions. Even the property was registered properly but when we went for mutation we are unable to do so. The reason is that they dont have any partion deed. Now the junior brother is totally debt ridden and in no way is able to pay any money for partion deed. In this scenario what is the option that we can opt so that mutation is done in our favour.

Asked 2 years ago in Property Law from Kolkata, West Bengal

they can enter into deed of family settlement . or partition deed . since one brother is totally debt ridden his share can be borne by other brother and sister . you can if you so desire also contribute for payment of stamp duty and registration charges so that your title becomes clear and marketable

Has the sale deed been made with respect to the share which your elder brother sold to you? If the partition deed has not been made then on what legal basis do you claim the property to be 'divided' in nature? Enter into a partition deed or family settlement now. The elder brother who has sold his part of property to you need not be a party to the settlement.

Thanks to all of you for your kind suggestions. I will like to know the future consequences of this property. Present scenario is the sister does not live here . Her apartment is on rent.His brother is in no mood for going for partion deed. They all are unwilling to bear the expense of partion deed. They dont even pay the municipal taxes. Only I pay my part. Municipal corporation has made us person liable to pay. So our name is there in the tax document but their names are also there. My question is how can I alone go for any kind of settlement or should I file any partion suite.I am currenty in possesion of the apartment. But if this deal is illegal how it was registered in the ADSR office? We have the deed. Both the sister and brother have signed in the Deed as witnessses. But they are unwilling to go to court or go for partion deed. In this scenario what should I do. I am in a real fix. One of the lawyer suggested that there is no problem in the possession but I will never be able to sale my property. I want it clean but they are unwilling to go to court or sign any other documents. As per their saying they will not bear a penny also.Please suggest.

Asked 2 years ago

you ought to have done due diligence before purchase of property . if muncipal taxes are not paid muncipal corporation with attach their share in property and sell it to recover dues .
if you are willing to pay stamp duty for partition deed or deed of family settlement they may agree to sign the documents and register it . as on date your title is not clear and marketable .

Thanks again for your early reply. We are lay man about law . So we appointed this lawyer but he also seems to be dumb. How can he do such a blunder. This came to our notice after we went for mutation. They are not paying their due for last 7 years. Still the municipal corporation have not taken any step. But the elder brothers taxes are clear and upto date. If I pay the money for family settlement also his brother is unwilling to sign any documents. I approched with that also. His brother is only creating the issue. He is unwilling to do anything. In this scenario is there anything that I can do? Shall I go for a partion suite or shall I go for criminal case or any other case.

Asked 2 years ago

is brother willing to give power of attorney to any of his relatives for signing deed of family settlement and for registration purposes? in the event they are un willing to do so better contact a local lawyer and move consumer forum against the entire family for deficency in service . mention that mmutation cannot be done in your name as no partition deed has been made among family members .
in the alternative let sister file partition suit against her brothers for divison of property by metes and bounds . you can sponsor the litigation expenses .

You have earlier mentioned that your elder brother sold his portion in the property to you. Hence, he does not have any rights in the property now, in which view of the matter he does not have to sign the settlement. Only you and your sister have to be a signatory to the settlement.

I will again reiterate that if your elder brother sold his portion in the property to you and a sale deed was made then he ceased to have any rights in this property. You and your sister are the only share holders in it.
If your sister does not lend any cooperation then apply for partition to divide the property.

Dear Mr Hashish
I think you got me wrong. My elder brother haven't sold me anything. There are 3 partners two brothers and one sister. Their elder brother sold me his portion as it was mutated in a typical manner which my lawyer is also unable to understand. Now the scenario became clear when I went for mutation. Each of them have different assesse number but the property is joint meaning each of them have been allocated separate apartments. The elder brother sold his portion to me. Again its not my elder brother. One of the owners. When I went for mutation of the apartment I came to know that its a joint property but have been allocated different assese number since each one enjoy separate apartments. But they don't have partition deed.

Asked 2 years ago

This is what you mentioned at the outset "In the year 2011 the elder brother sold his portion to me."
You ought to have first identified yourself and then mentioned that you purchased the part of a property belonging to three siblings, and this property is undivided. By omitting to mention the same you have made your simple query perplexed in nature.
The core issue involved in your query revolves around your rights in the part of property purchased by you from one of three siblings. At first you should bear in mind that allocation of different assessee number does not make the property 'divided'. If sale deed has been made then you may proceed to separate your share from the property by filing a case for possession. You are liable to pay municipal taxes of the portion of property which has been purchased by you as the purchaser of a property inherits all the debts relating thereto for which the seller was liable prior to sale.

Dear Mr ashish
At first thanks for your kind suggestion.Finally last time I will bother you. I have the sale deed, I am in possession and all the tax for my portion is uptodate. My tax bill consist of my name as person liable to pay tax. I want to mutate the property in my name. My question is against whom should I go to court and file a case and what should be the nature of the case so that the property can me separated and mutated in proper way.

Asked 2 years ago

Move court against the person who sold you his part of the property, and his siblings. File a case for affirming your ownership rights in the property and dividing your share.

you had mentioned that mutation of property has been rejected by the Sub registrar on grounds that no partition deed has been made by the legal heirs namely sister and her 2 brothers .
accordingly i had advised you that sister can file suit for partition against her brothers . since brother refuses to attend court and sign documents she could have got exparte decree
in the alternative you can file declaratory for declaration that you are the owner of your portion . make sister / bothers party to the suit .

Thanks Mr Ajay Sethi. I really appreciate your views. There are basically need for two things after buying a property. Posession & Mutation. I have Possesion and I have the sale deed which is registered at ADSR . I am also in the possesion of the Property for last 3 years. But my only problem is ( Mutation) which was rejected by Municipal corporation and was provided with person liable to pay. My need is MUTATION. Which is not being done. I went to many lawyers but everyone have different kind of views. Thats why I tried this website. I am really very happy to have such responses. One of the lawyer said that since deed is done and you are in possesion move court against Municipal corporation . I was really confused with different kind of views. The muncipal corporation in kolkata are full of middlemans.The persons who works over there don't know anything or what is to be done. I followed them up for many months to get it done. But all was in vain. Now as I early mentioned that there is no other way since I already talked to them and tried to come to a solution but they all are unwilling to take any step for the partion or any kind of legal procedure where money is involved. All my work was in vain. So there lies the scenario that is Whatever Is to be done I will have to do. since all of them are unwilling. Thank you again for understanding my points.
So your suggestion is to file declaratory for declaration that you are the owner of your portion . make sister / bothers party to the suit . Since I am not a Lawyer I was not able to make my point clear or come to any solid decision. THis is what I was thinking about . To file a suit against the brother and sister so that I can make my portion separate. I am very sure that they will not apppear to the court after filing the case also.
In that scenario I think that decree will be in my favour only.

Asked 2 years ago

thanks for your appreciation . since brother /sister have not even paid property taxes they would hardly spend money on legal fees . if they fail to engage a lawyer and file appearnce you would get a order from court easily .

I have already advised you to file a suit for your ownership in court against the seller and his siblings. If they do not appear in court after they are issued a notice for appearance by court then it augurs well for you as the court will then readily pass an order in your favour. Court does not wait till perpetuity for a person to appear and contest the claim filed against him.

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